Age of Majority
The age of majority
refers to the age when a person becomes a legal adult. The rights of the parent
of a student with a disability transfer to the student when the student reaches
the age of majority. In Florida, this is 18 years of age.
Age of Majority and
Guardianship
At the age of majority, 18 years of age in Florida, the
student gains all of the legal rights and responsibilities of an adult. At this
time, the educational decision-making rights of parents, including parents of a
student with a disability, transfer to the young adult.
If there are
concerns about the student’s ability to lead his or her own educational decision-making, the parents can work with their son or daughter to explore the least restrictive option.
If the student has been determined incompetent by the court,
then rights would not transfer to the student but would be retained by the
individual appointed by the court as the student’s guardian. Please note that
there are numerous options to consider regarding guardianship.
For more information on guardianship and other
decision-making alternatives see resources below: